Notice of Remedial Action Sample Clauses

Notice of Remedial Action. (a) The Senior Note Trustee agrees to provide prompt notice to the Exchangeable Note Trustee and the Collateral Agent in the event that (i) an Event of Default has occurred with respect to the Senior Note Obligations; (ii) the Senior Note Trustee has commenced or has been instructed to commence the exercise of any remedies as a result thereof pursuant to the Senior Note Indenture or (iii) the Senior Note Obligations have become due and payable (by acceleration or otherwise). (b) The Exchangeable Note Trustee agrees to provide prompt notice to the Senior Note Trustee and the Collateral Agent in the event that (i) an Event of Default has occurred with respect to the Exchangeable Note Obligations; (ii) the Exchangeable Note Trustee has commenced or has been instructed to commence the exercise of any remedies as a result thereof pursuant to the Exchangeable Note Indenture or (iii) the Exchangeable Note Obligations have become due and payable (by acceleration or otherwise).
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Notice of Remedial Action. The Lessor shall furnish the Indenture Trustee with prior written notice of any remedy to be undertaken by it pursuant to Article 20 of the Lease.
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Notice of Remedial Action. The defaulting Party must immediately – not exceeding three (3) Banking Days from the day it becomes aware of it – give notice of the Event of Default to the other Party in writing, specifying the underlying reasons and detailing whether it believes the Event of Default can be cured. If it does, the defaulting Party shall propose the appropriate remedial action and set out a firm timeframe when this action would be complete (“Remedial Action”).
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Notice of Remedial Action. CMS must notify the Participant and, if CMS deems appropriate, a Downstream Episode Initiator, Participating Practitioner, NPRA Sharing Partner, NPRA Sharing Group Practice Practitioner, BPCI Advanced Entity, or other individual or entity performing functions or services related to BPCI Advanced Activities of the violation before taking any remedial action under this Article 20.‌
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Notice of Remedial Action. (a) The Working Capital Facility Agent agrees to provide prompt notice to the Trustee and the Collateral Agent in the event that (i) an Event of Default has occurred with respect to the Working Capital Facility Obligations; (ii) the Working Capital Facility Agent has commenced or has been instructed to commence the exercise of any remedies as a result thereof pursuant to the Working Capital Facility Agreement or (iii) the Working Capital Facility Obligations have become due and payable (by acceleration or otherwise). (b) The Trustee agrees to provide prompt notice to the Working Capital Facility Agent and the Collateral Agent in the event that (i) an Event of Default has occurred with respect to the Note Obligations; (ii) the Trustee has commenced or has been instructed to commence the exercise of any remedies as a result thereof pursuant to Article 6 of the Indenture or (iii) the Note Obligations have become due and payable (by acceleration or otherwise).
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Notice of Remedial Action. The Administrative Agent agrees to provide prompt notice to the Trustee and the Collateral Agent in the event that an Event of Default has occurred with respect to the Credit Facility Obligations and the Administrative Agent has commenced or has been instructed to commence the exercise of any remedies as a result thereof pursuant to Section 9.03 of the Credit Agreement. The Trustee agrees to provide prompt notice to the Administrative Agent and the Collateral Agent in the event that an Event of Default has occurred with respect to the Note Obligations and the Trustee has commenced or has been instructed to commence the exercise of any remedies as a result thereof pursuant to Article VI of the Indenture.
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Notice of Remedial Action. (a) The Working Capital Facility Agent agrees to provide prompt notice to the Priority Facility Agent, the Trustee and the Collateral Agent in the event that (i) an Event of Default has occurred with respect to the Working Capital Facility Obligations; (ii) the Working Capital Facility Agent has commenced or has been instructed to commence the exercise of any remedies as a result thereof pursuant to the Working Capital Facility Agreement or (iii) the Working Capital Facility Obligations have become due and payable (by acceleration or otherwise). (b) The Trustee agrees to provide prompt notice to the Priority Facility Agent, the Working Capital Facility Agent and the Collateral Agent in the event that (i) an Event of Default has occurred with respect to the Note Obligations; (ii) the Trustee has commenced or has been instructed to commence the exercise of any remedies as a result thereof pursuant to Article 6 of the Indenture or (iii) the Note Obligations have become due and payable (by acceleration or otherwise). (c) The Priority Facility Agent agrees to provide prompt notice to the Trustee, the Working Capital Facility Agent and the Collateral Agent in the event that (i) an Event of Default has occurred with respect to the Priority Facility Obligations; (ii) the Priority Facility Agent has commenced or has been instructed to commence the exercise of any remedies as a result thereof pursuant to the Priority Facility Agreement or (iii) the Priority Facility Obligations have become due and payable (by acceleration or otherwise). (d) The Priority Facility Agent also agrees to provide prompt notice to the Trustee, the Working Capital Facility Agent and the Collateral Agent of the occurrence of the Priority Facility Control Date.
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Related to Notice of Remedial Action

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • Election of Remedy The parties acknowledge that the facts and circumstances which form the basis of a grievance may also form the basis of claims which may be asserted by an individual employee in other forums. The purpose of this section is to establish limitations on the right of the Union to pursue a grievance in such situations.

  • Choice of Remedy An employee with a contract-related grievance must select either the appropriate procedure under the Xxxxxx County Personnel Act or Personnel Rules; or the grievance procedure provided by this contract. In no instances will an employee be permitted to seek a remedy under both provisions for the same grievance.

  • Election of Remedies If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

  • Waiver of Remedies No delay or failure on the part of the Administrative Agent or any other Guarantied Party in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any other Guarantied Party of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

  • LIMITATION OF REMEDY The only remedy that the Taxpayer shall have in the event of breach or alleged breach by GO-Biz, shall be the normal administrative and judicial rights accorded to a taxpayer in the state of California who has been denied a tax credit claimed on their return.

  • Nature of Remedies All Obligations of Borrower and rights of Agent and Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

  • Exclusivity of Remedies To the extent permitted by law, the arbitration and judicial remedies set forth in this Article will be the exclusive remedies available to the Parties with respect to any dispute under this Agreement or claim for damages or indemnification under this Agreement.

  • Incident Notice and Remediation If Contractor becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Contractor can establish that none of Contractor or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State.

  • Cumulation of Remedies All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

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